PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1821 (2) SENSE OF CONGRESS.— It is the sense of Congress that any sentencing enhancement under this subsection should be at least 2 levels. (e) PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY VIOLENT FELONS. — (1) DEFINITION OF BODY ARMOR.—Section 921(a) of title 18, United States Code, is amended by adding at the end the following: "(35) The term 'body armor' means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.". (2) PROHIBITION.— (A) IN GENERAL.—Chapter 44 of title 18, United States Code, is amended by adding at the end the following:
- §931. Prohibition on purchase, ownership, or possession
of body armor by violent felons "(a) IN GENERAL.— Except as provided in subsection (b), it shall be unlawful for a person to purchase, own, or possess body armor, if that person has been convicted of a felony that is— "(1) a crime of violence (as defined in section 16); or "(2) an offense under State law that would constitute a crime of violence under paragraph (1) if it occurred within the special maritime and territorial jurisdiction of the United States. " (b) AFFIRMATIVE DEFENSE. — "(1) IN GENERAL.—It shall be an affirmative defense under this section that— "(A) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and "(B) the use and possession by the defendant were limited to the course of such performance. "(2) EMPLOYER.—In this subsection, the term 'employer' means any other individual employed by the defendant's business that supervises defendant's activity. If that defendant has no supervisor, prior written certification is acceptable from any other employee of the business.". (B) CLERICAL AMENDMENT. — The analysis for chapter 44 of title 18, United States Code, is amended by adding at the end the following: "931. Prohibition on purchase, ownership, or possession of body armor by violent felons.". (3) PENALTIES.—Section 924(a) of title 18, United States Code, is amended by adding at the end the following: "(7) Whoever knowingly violates section 931 shall be fined under this title, imprisoned not more than 3 years, or both.". (f) DONATION OF FEDERAL SURPLUS BODY ARMOR.— (1) DEFINITIONS. —In this subsection, the terms "Federal agency" and "surplus property" have the meanings given such terms under section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472).
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